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Criminal Procedure: Cases, Materials, and Questions, Fourth Edition (2015)

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View a sample of this title using the ReadNow feature

To purchase a printed version of this title, please visit www.caplaw.com.

View or download the free 2015 Online Supplement for this product.This book is designed for a complete Criminal Procedure course. This book is not designed exclusively for future criminal law practitioners. Rather, it is designed as a roadmap for those who wish to learn about governmental limitations on police and / or trial procedures in the criminal context. The presentation of the materials is focused, rather than scattergun. Each case is presented, lightly edited, with a series of focused questions and notes following it.

The importance of the questions cannot be overemphasized. Each student coming into class will (or should) have thought about the questions while reading the case. This should immensely improve the quality of class discussion. At the same time, the fact that the students have the questions in advance has a wonderful palliative effect on students, putting them at ease because they know the questions in advance.

Additionally, the book is carefully edited with an eye towards the number of hours typically available for a class. The police practices material is designed to be taught in a three-hour class. The entire book is designed for a four-hour class. The accompanying Teacher’s Manual suggests breakdowns for those wishing to adhere to the schedule.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Authors / Contributors

Table of Contents


Download Supplement

Preface
Table of Cases
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
The Fourteenth Amendment, Section I


Chapter 1 The Protections of and Rationale for the Fourth Amendment

Brinegar v. United States 4

Questions and Notes 5

Draper v. United States 5

Questions and Notes 6


Chapter 2 Probable Cause

Brinegar v. United States

Questions and Notes

Draper v. United States

Questions and Notes

Spinelli v. United States

Questions and Notes

Illinois v. Gates

Questions and Notes

Massachusetts v. Upton

Questions and Notes

Commonwealth v. Upton

Questions and Notes


Chapter 3 The Need for a Warrant

A. Is the Warrant Requirement the Exception or the Rule?

Vale v. Louisiana

Questions and Notes

Chambers v. Maroney

Questions and Notes

United States v. Chadwick

Questions and Notes

B. Who Can Issue a Warrant?

Coolidge v. New Hampshire

Questions and Notes

Shadwick v. Tampa

Questions and Notes

Connally v. Georgia

Questions and Notes


Chapter 4 Arrests

A. The Paradigm

United States v. Watson

Questions and Notes

B. Arrests in the Home

United States v. Santana

Questions and Notes

Payton v. New York

Questions and Notes

Steagald v. United States

Questions and Notes

Wilson v. Layne

Questions and Notes

Welsh v. Wisconsin

Questions and Notes

Minnesota v. Olson

Questions and Notes

Problem, Warren v. Hayden

C. Force in Effectuating an Arrest

Tennessee v. Garner

Questions and Notes

Graham v. Connor

Questions and Notes

Problem, County of Sacramento v. Lewis

D. Search Incident To Arrest

Chimel v. California

Questions and Notes

Maryland v. Buie

Questions and Notes


Chapter 5 Plain View

Horton v. California

Questions and Notes

Arizona v. Hicks

Questions and Notes


Chapter 6 Automobiles

A. The Rule and its Rationale

California v. Carney

Questions and Notes

B. Cars and Containers

California v. Acevedo

Questions and Notes

Wyoming v. Houghton

Questions and Notes

C. Search Incident to Arrest in an Automobile

New York v. Belton

Questions and Notes

Problem, Florida v. Thomas

D. Suspicionless Highway Stops

Delaware v. Prouse

Questions and Notes

Michigan v. Sitz

Questions and Notes

City of Indianapolis v. Edmond

Questions and Notes

E. Inventory Searches

Colorado v. Bertine

Questions and Notes

Florida v. Wells

Questions and Notes


Chapter 7 Limited Searches on Less than Probable Cause

A. Protection of the Officer

Terry v. Ohio

Questions and Notes

Sibron v. New York

Questions and Notes

Problem, Minnesota v. Dickerson

Michigan v. Long

Questions and Notes

Ybarra v. Illinois

Questions and Notes

B. What Is Reasonable Suspicion? How Is It Different from Probable Cause?

Adams v. Williams

Questions and Notes

United States v. Cortez

Questions and Notes

Florida v. Royer

Questions and Notes

United States v. Sokolow

Questions and Notes

Alabama v. White

Questions and Notes

Florida v. J.L

Questions and Notes

Illinois v. Wardlow

Questions and Notes

Ornelas v. United States

Questions and Notes

C. Limits on Terry-type Stops

Florida v. Royer

Questions and Notes

United States v. Place

Questions and Notes

United States v. Sharpe

Questions and Notes

Michigan v. Summers

Questions and Notes

Problem, Illinois v. McArthur


Chapter 8 Seizures

United States v. Mendenhall

Questions and Notes

Florida v. Royer

Questions and Notes

I.N.S. v. Delgado

Questions and Notes

Florida v. Bostick

Questions and Notes

California v. Hodari D.

Questions and Notes

Chapter 9 Searches

A. The Divining Rod Theory of the Fourth Amendment 381

The Fourth Amendment as a Device for Protecting the Innocent, 81 Mich. L. Rev. 1229 (1983)

Questions and Notes

United States v. Place

Questions and Notes

United States v. Jacobsen

Questions and Notes

B. Reasonable Expectation of Privacy

Lewis v. United States

Questions and Notes

Hoffa v. United States

Questions and Notes

Katz v. United States

Questions and Notes

United States v. White

Questions and Notes

Smith v. Maryland

Questions and Notes

Oliver v. United States

Questions and Notes

Problem, United States v. Dunn

Florida v. Riley

Questions and Notes

Bond v. United States

Questions and Notes

Kyllo v. United States

Questions and Notes

Problem, Minnesota v. Carter


Chapter 10 Consent

Schneckloth v. Bustamonte

Questions and Notes

Illinois v. Rodriguez

Questions and Notes

Chapter 11 Are We Moving Towards Open Season on Automobiles as We Enter a New Millenium?

Whren v. United States

Questions and Notes

Ohio v. Robinette

Questions and Notes

Maryland v. Wilson

Questions and Notes

Knowles v. Iowa

Questions and Notes

Problem

Atwater v. City Of Lago Vista

Questions and Notes

Arkansas v. Sullivan

Questions and Notes


Chapter 12 Unusual Situations

A. Especially Intrusive Searches

Winston v. Lee

Questions and Notes

B. Border Searches

United States v. Montoya de Hernandez

Questions and Notes

C. The Fourth Amendment Beyond Our Borders

United States v. Verdugo-Urquidez

Questions and Notes

D. Administrative and Other Noncriminal Searches


Chapter 13 The Exclusionary Rule

A. The Rationale for the Exclusionary Rule

Mapp v. Ohio

Questions and Notes

United States v. Calandra

Questions and Notes
Problem, Pennsylvania Board of Probation & Parole v. Scott

B. The Good Faith Exception to the Exclusionary Rule

United States v. Leon

Questions and Notes

Massachusetts v. Sheppard

Questions and Notes

Commonwealth v. Edmunds

Questions and Notes

Arizona v. Evans

Questions and Notes

C. Standing

Rakas v. Illinois

Questions and Notes

United States v. Salvucci

Questions and Notes

Rawlings v. Kentucky

Questions and Notes

Minnesota v. Carter

Questions and Notes

Problem, United States v. Payner


Chapter 14 Confessions, Voluntariness

Brown v. Mississippi

Questions and Notes

Watts v. Indiana

Questions and Notes

Crooker v. California

Questions and Notes

Spano v. New York

Questions and Notes

Chapter 15 Right to Counsel

Massiah v. United States

Questions and Notes

Escobedo v. Illinois

Questions and Notes


Chapter 16 Miranda

A. The Case Itself

Miranda v. Arizona

Questions and Notes

B. The Nature of the Warnings

Duckworth v. Eagan

Questions and Notes

Colorado v. Spring

Questions and Notes

C. Invoking Miranda

Fare v. Michael C

Questions and Notes

Michigan v. Mosley

Questions and Notes

Edwards v. Arizona

Questions and Notes

Oregon v. Bradshaw

Questions and Notes

Arizona v. Roberson

Questions and Notes

Minnick v. Mississippi

Questions and Notes

Problem, United States v. Green

Davis v. United States

Questions and Notes

Problem, Smith v. Illinois

D. Waiver

North Carolina v. Butler

Questions and Notes

Tague v. Louisiana

Questions and Notes

Connecticut v. Barrett

Questions and Notes

E. Custody

Oregon v. Mathiason

Questions and Notes

Problem

Minnesota v. Murphy

Questions and Notes

Berkemer v. McCarty

Questions and Notes

Problem, Stansbury v. California

Illinois v. Perkins

Questions and Notes

F. Interrogation

Rhode Island v. Innis

Questions and Notes

Problem

G. The Public Safety Exception

New York v. Quarles

Questions and Notes


Chapter 17 The Right to Counsel and Confessions

A. Massiah Revisited

Brewer v. Williams

Questions and Notes

Maine v. Moulton

Questions and Notes

Kuhlmann v. Wilson

Questions and Notes

B. Contrasting Massiah and Miranda

Michigan v. Jackson

Questions and Notes

McNeil v. Wisconsin

Questions and Notes

Texas v. Cobb

Questions and Notes

Patterson v. Illinois

Questions and Notes

Problem, Moran v. Burbine

Chapter 18 Voluntariness Revisited

Mincey v. Arizona

Questions and Notes

Colorado v. Connelly

Questions and Notes

Arizona v. Fulminante

Questions and Notes

Problem, Miller v. Fenton


Chapter 19 Miranda Revisited

Dickerson v. United States

Questions and Notes


Chapter 20 Due Process Outside of the Confession Context

A. Due Process and the Fourth or Fifth Amendment

Rochin v. California

Questions and Notes

Irvine v. California

Questions and Notes

Schmerber v. California

Questions and Notes

B. Due Process and Identification

Manson v. Brathwaite

Questions and Notes

Chapter 21 Attenuation

A. Fourth Amendment

Wong Sun v. United States

Questions and Notes

Taylor v. Alabama

Questions and Notes

New York v. Harris

Questions and Notes

United States v. Ceccolini

Questions and Notes

B. Miranda

New York v. Quarles

Questions and Notes

Oregon v. Elstad

Questions and Notes


Chapter 22 Inevitable Discovery

Nix v. Williams

Questions and Notes

Murray v. United States

Questions and Notes


Chapter 23 Entrapment

A. The Relevance of Predisposition

Sherman v. United States

Questions and Notes

Jacobson v. United States

Questions and Notes

B. The Due Process Defense

United States v. Gamble

Questions and Notes

Chapter 24 Pre-Trial Detention

A. Post-Arrest Probable Cause Hearings

Riverside v. McLaughlin

Questions and Notes

B. Bail

United States v. Salerno

Questions and Notes


Chapter 25 Right to Counsel

A. Rationale and Scope

Gideon v. Wainwright

Questions and Notes

Scott v. Illinois

Questions and Notes

Problem, Nichols v. United States

B. The Right of Self-Representation

Faretta v. California

Questions and Notes

C. Quality of Representation

Strickland v. Washington

Questions and Notes

D. Counsel Loyalty

Cuyler v. Sullivan

Questions and Notes

Nix v. Whiteside

Questions and Notes


Chapter 26 Guilty Pleas

A. The Requisites of a Voluntary Guilty Plea

Boykin v. Alabama

Questions and Notes

Henderson v. Morgan

Questions and Notes

North Carolina v. Alford

Questions and Notes

B. The Cost of a Guilty Plea

McMann v. Richardson

Questions and Notes

Menna v. New York

Questions and Notes

C. Plea Bargaining

Santobello v. New York

Questions and Notes

Bordenkircher v. Hayes

Questions and Notes


Chapter 27 Discovery

A. Defendant's Right to Discover the State's Case

United States v. Agurs

Questions and Notes

B. Discovery of Evidence that the State Should, But Doesn't, Have

Arizona v. Youngblood

Questions and Notes

C. The State's Right of Discovery

Michigan v. Lucas

Questions and Notes

Chapter 28 Jury Trial

Lockhart v. McCree

Questions and Notes

J.E.B. v. Alabama

Questions and Notes

Mu'Min v. Virginia

Questions and Notes


Chapter 29 Privilege Against Self Incrimination at Trial

Griffin v. California

Questions and Notes

Lakeside v. Oregon

Questions and Notes

Carter v. Kentucky

Questions and Notes

Mitchell v. United States

Questions and Notes


Chapter 30 Double Jeopardy

A. Mistrial

Oregon v. Kennedy

Questions and Notes

B. Successful Appeal by Defendant

Lockhart v. Nelson

Questions and Notes

C. Separate Sovereignties

Heath v. Alabama

Questions and Notes

D. Collateral Estoppel

Ashe v. Swenson

Questions and Notes

E. Same Offense

United States v. Dixon

Questions and Notes

F. Enhanced Sentencing Following a Successful Appeal

Alabama v. Smith

Questions and Notes


Chapter 31 Habeas Corpus, Retroactivity, and Harmless Error

Withrow v. Williams

Questions and